Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007

The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking in the light of the ECHR judgment.
Held: The appeal was dismissed. The decision of the ECHR contained a finding and an award in satisfaction. No declaration could be made because the basis on whichj it was now sought, the impossibility of a fair trial, would not have been available to him at the time of the undertaking and could not be used to impugn it. He was not a victim within Human Rights law.
Tuckey LJ, Rix LJ, Arden LJ
[2007] EWCA Civ 425
Company Directors Disqualification Act 1986, Human Rights Act 1998 2 7
England and Wales
CitedIn Re Manlon Trading Ltd CA 22-Jun-1995
Company Director Disqualification proceedings were struck out for delay. There has to be a balance between the public interest in securing the disqualification of bad directors and the prejudice to private citizens and the people subject to the . .
CitedIn Re Carecraft Construction Co Ltd ChD 13-Oct-1993
A court must hear evidence before disqualifying directors. Though the Director and the Secretary of State might reach an agreement as to what should happen, they could not displace the court in deciding what order should be made, and in making that . .
CitedRe Rocksteady Services Ltd 2001
Director disqualification proceedings will not be struck out simply because there has been a delay in the course of the preparations for trial or even in the trial itself. . .
See AlsoRegina v Secretary of State for Trade and Industry, Ex Parte Eastaway HL 8-Nov-2000
Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope . .
See AlsoSecretary of State for Trade and Industry v Eastaway CA 6-Apr-2001
. .
See AlsoIn Re Blackspur Group Plc; Secretary of State v Eastaway ChD 21-Jun-2001
The director was amongst a group against whom a director disqualification order was sought. He offered an undertaking, but the Secretary of State refused to accept this unless it was accompanied by a statement as to the factual basis on which it was . .
See AlsoSecretary of State for Trade and Industry v Eastaway; Re Blackspur Group (No 3), Secretary of State for Trade and Industry v Davies and Others (No 2) CA 13-Sep-2001
. .
At ECHREastaway v The United Kingdom ECHR 20-Jul-2004
The applicant had been proceeded against after the collapse of companies in which he was involved with very substantial debts. The proceedings had begun in July 1990, and lasted nearly nine years.
Held: Where proceedings could be expected to . .
Appeal fromEastaway v Secretary of State for Trade and Industry and similar ChD 2-Mar-2006
. .
CitedAttorney-General’s Reference (No 2 of 2001) HL 11-Dec-2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an . .
CitedN v Secretary of State for the Home Department HL 5-May-2005
The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not . .
CitedSaunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
CitedMillar v Dickson PC 24-Jul-2001
The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that . .
CitedRe INS Realisations Ltd ChD 2006
The court has jurisdiction to set aside a schedule to an order containing a disqualification undertaking where ‘either some ground is shown which would be sufficient to discharge a private law contract or some ground of public interest is shown . .

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Updated: 06 April 2021; Ref: scu.251798